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2015 (2) TMI 1139 - HC - CustomsWrit petition - Seeking No Objection Certificate for clearance of the betel nuts consignment - Consignment failed to confirm to the standards laid down by the notified laboratory and the referral laboratory - Held that:- the petitioner in the 'Bill of Entry' had not mentioned the product as 'Ungarbled Betel Nuts' but described the item as 'areca nuts (betel nuts)'. However, in the affidavit filed in support of the Writ Petition, the Appellant/Petitioner had endeavour to mention that the product is as 'Ungarbelled Betel Nuts'. When the Petitioner had applied to FICS which specifies inspection of the goods by drawing samples to find out/examination as to whether meets the required standards prescribed under Food Safety and Standards (Food Product Standards & Food Additives) Regulation 2011. In this connection, this Court very significantly points out that by Section 97(1) of the Food Safety and Standards Act (Prevention of Food Adulteration Act, 1954, was repealed) and only the ingredients of Food Safety and Standards Act, 2006 is applicable to all kinds of exports (including import made by the Appellant). Therefore, the view taken in the impugned order to the effect that the petitioner had miserably failed to make it any case for granting the relief claimed by the petitioner and suffers from no material irregularity or patent illegality in the eye of law. Therefore, No Objection Certificate is not to be granted. - Decided against the appellant
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